HomeMy WebLinkAboutResolution 2899 Intent to annex 14.147 acres for Wal Mart - Westlake/Martinen:
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COMMISSION RESOLUTION NO. 2899
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND
THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
. CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of
Bozeman a written application from Wal-Mart Stores, Inc., on behalf of George E. Westlake
and Kay Martinen, owners of the entire tract sought to be annexed herein, requesting the
City Commission to extend the boundaries of the City of Bozeman so as to include this
contiguous tract of land within the boundaries of the City of Bozeman; and
WHEREAS, the legal description of this contiguous tract, which is located south of
Interstate 90, east of North 7th Avenue and north of West Oak Street, in the County of
Gallatin, State of Montana, is as follows:
A tract of land located within the Northeast one-quarter of Section 1,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana, and being further described as follows:
. Beginning at a point which is N 47043'55" W a distance of 69.65 feet
from the east 14 corner of said Section 1, said point also being the
northerly right-of-way line of West Oak Street; thence from said true point
of beginning along said right-of-way line N 87058'40" W a distance of
470.01 feet to the SE corner of the tract of land annexed to the City of
Bozeman under Commission Resolution No. 2860; thence along the
easterly and a portion of the northerly line of said annexation
N 01016'30" E a distance of 523.00 feet to the NE corner of said
annexation; thence along the northerly line of said tract N 88043'30" W
a distance of 223.71 feet to a point of the east line of Westlake's 3rd
Addition; thence along said line N 00056'43" E a distance of 562.55 feet
to the NE corner of said tract, said point also being the southerly right-of-
way line of Interstate 90; thence along said
right-of-way line
N 87000'01" E a distance of 231.18 feet and S 72016'02" E a distance
of 486.31 feet; thence S 01 0 16'30" Wa distance of 971.12 feet to the
point of beginning. Said tract being 14.147 ares along with and subject
to any existing easements.
WHEREAS, this tract contains 14.147 acres of land; and
WHEREAS, the above-described tract is the subject of a plat(s) or Certificate(s) of
. Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on
November 30, 1992; and
WHEREAS, prior to annexation, an agreement between the City and the owner of
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said tract addressing issues that are in the best interests of the City of Bozeman, such as,
but not limited to, rights of way, easements, traffic signals, water rights or cash in lieu,
waivers of right to protest creation of SID's, and water and sewer hookup fees, to said
contiguous tracts and other parcels directly affected or impacted by this annexation, shall
. be fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the
inhabitants thereof and of the inhabitants of the contiguous tract hereinbefore described to
extend the boundaries of the City of Bozeman so as to include said contiguous tract
hereinbefore described within the corporate limits of said City of Bozeman.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services
to the contiguous tract hereinbefore described will be the subject of a mutual agreement
. between the City of Bozeman and the freeholders of the tract, that it is in the best interests
of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous
tract that the boundaries of the said City of Bozeman be extended so as to include the
contiguous tract hereinbefore described within the boundaries and corporate limits of the
City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to
be held in the Commission Room in the Municipal Building of said City on Tuesday, the 19th
day of January 1993 at 7:00 p.m. be, and the same is hereby designated as the time and
place at which comments in favor of or opposed to the annexation of the property will be
. heard by the Commission. Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall:
a. Immediately notify in writing, addressed to the address to which
tax notices are sent, all owners and purchasers under contract
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for deed of the property in said contiguous tract to be annexed;
and
b. Cause a notice to be published in the Bozeman Daily Chronicle,
the newspaper nearest the parcels of land to be embraced within
. the corporate limits and boundaries of the City of Bozeman, at
least once a week for two successive weeks.
Section 4
The notice to be given by the Clerk of the City Commission shall be to the effect
that such resolution has been duly and legally passed, that comments will be received at the
time and place designated in Section 2 above, and that for a period of twenty days after the
first publication of such notice, the Clerk of the City Commission will receive expressions,
in writing, of approval or disapproval of the proposed extension of the boundaries of the City
of Bozeman from freeholders of the territory proposed to be embraced therein.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
. at a regular session thereof held on the 21st day of December 1992. .
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ATTEST:
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(iFd~
R BIN L. SULLIVAN - - __
Clerk of the Commission
APPROVED AS TO FORM:
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State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Commission Resolution No. 2899 was published by title and
number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published
. in said City, in the issue dated the 24th day of December 1992, and due proof of such publication
is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
~Y~~J
R IN L. SULLIVAN
Clerk of the Commission
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 21 st day of December 1992, Commission Resolution No. 2899 was duly and
regularly passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE
PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
The real property proposed for annexation by Wal-Mart Stores, Inc., on behalf of George
E. Westlake and Kay Martinen, owners of the subject parcel, is located south of Interstate 90, east
of North 7th Avenue and north of West Oak Street, in the County of Gallatin, State of Montana; and
the legal description is as follows:
A tract of land located within the Northeast one-quarter of Section 1, Township
2 South, Range 5 East, Montana Principal Meridian, Gallatin County. Montana,
and being further described as follows:
Beginning at a point which is N 47043'55" Wa distance of 69.65 feet from the
east % corner of said Section 1, said point also being the northerly right-of-way
line of West Oak Street; thence from said true point of beginning along said right-
of-way line N 87058'40" Wa distance of 470.01 feet to the SE corner of the
. tract of land annexed to the City of Bozeman under Commission Resolution No.
2860; thence along the easterly and a portion of the northerly line of said
annexation N 01016'30" E a distance of 523.00 feet to the NE corner of said
annexation; thence along the northerly line of said tract N 88043'30" W a
distance of 223.71 feet to a point of the east line of Westlake's 3rd Addition;
thence along said line N 00056'43" E a distance of 562.55 feet to the NE corner .
of said tract, said point also being the southerly right-of-way line of Interstate
90; thence along said right-of-way line N 87000'01" E a distance of 231.18 feet
and S 72016'02" E a distance of 486.31 feet; thence S 01016'30" W a
distance of 971 .1 2 feet to the point of beginning. Said tract being 14.147 ares
along with and subject to any existing easements.
For a period of twenty (20) days following the first publication of this Notice, the Clerk of
the Commission will receive expressions, in writing, of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from the freeholders of the tract proposed to be
annexed.
In addition, a public hearing shall be held on Tuesday, January 19, 1993, at 7:00 p.m. in
the Commission Room of the City Hall at 411 East Main Street, Bozeman, Montana, for the purpose
. of hearing testimony in support of or in opposition to the annexation of the above-described real
property.
DATED this 21 st day of December 1992.
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad .
Publish: Sunday, December 27, 1992 .
Sunday, January 3, 1993
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State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Notice in Re for Commission Resolution No. 2899 was
published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed
. and published in said City, in the issues dated the 27th day of December, 1992 and the 3rd
day of January, 1993, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
(/~y ~ '
ROBIN L. SULLlVA
Clerk of the Commission
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